WhatFinger

As mandatory COVID-19 vaccines become the norm, companies are addressing the issue of what they can do when workers refuse

INTRODUCTION TO WORKPLACE COVID LAWS

By Kelly O'Connell ——--August 10, 2021

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Introduction: This brief article is meant to cover the most basic laws of Covid vaccinations, without comment or judgment. There is great skepticism of the government Covid policies, regarding the observations of many of the apparent misuse of the virus which many argue is ongoing. Nonetheless, here is the law as it currently stands:


Can I Be Forced to Take The Covid Vaccine? Generally, yes. At the end of May 2021, the Equal Employment Opportunity Commission (EEOC) announced companies can require employees get a COVID-19 vaccine, stating:
“Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA [Americans With Disabilities Act] and Title VII of the Civil Rights Act of 1964 and other EEO considerations.”
This agrees with previous court rulings. For example, in Jacobson v. Massachusetts, 197 U.S. 11 (1905), SCOTUS agreed a MA law requiring vaccination against communicable diseases was legal, stating in part:
The liberty secured by the Constitution of the US does not import an absolute right in each person to be at all times, and in all circumstances, wholly freed from restraint...It is within the police power of a State to enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of the public health.
Are There Any Exceptions? Doubting the effectiveness of vaccines or fearing their safety is not a defense against inoculation, under the law. You must get the shot unless you can’t be vaccinated because of a disability, health condition, or religious belief. The EEOC states, "As with any employment policy, employers that have a vaccine requirement may need to respond to allegations that the requirement has a disparate impact on—or disproportionately excludes—employees based on their race, color, religion, sex, or national origin. Employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement." Health.com adds it’s "unlawful" for vaccination requirements to treat employees differently based on disability, race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age, or genetic information, "unless there is a legitimate non-discriminatory reason."
What Happens if I Refuse? The EEOC stated federal anti-discrimination laws allow employers to require all employees who physically enter the workplace be vaccinated for COVID-19. Cases on these topics are still in courts, but judges have not been sympathetic to anti-vaxxers. A New Mexico federal judge declined to halt COVID-19 vaccination rules for firefighters, officers at detention centers and other workers in Doña Ana County while an appeal is pending As mandatory COVID-19 vaccines become the norm, companies are addressing the issue of what they can do when workers refuse. Many employees are being terminated across the US for insubordination. In a right-to-work state this is easier. Other bosses are demanding employees submit to weekly testing and take other safety precautions. Reasonable Accommodations is the key concept here. Reasonable Accommodations: The EEOC site explains about ‘Reasonable Accommodations’,
“The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodation and non-discrimination based on disability, and rules about employer medical examinations and inquiries), Title VII of the Civil Rights Act (which prohibits discrimination based on race, color, national origin, religion, and sex, including pregnancy), the Age Discrimination in Employment Act (which prohibits discrimination based on age, 40 or older), and the Genetic Information Nondiscrimination Act. Note: Other federal laws, as well as state or local laws, may provide employees with additional protections.”

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Kelly O'Connell——

Kelly O’Connell is an author and attorney. He was born on the West Coast, raised in Las Vegas, and matriculated from the University of Oregon. After laboring for the Reformed Church in Galway, Ireland, he returned to America and attended law school in Virginia, where he earned a JD and a Master’s degree in Government. He spent a stint working as a researcher and writer of academic articles at a Miami law school, focusing on ancient law and society. He has also been employed as a university Speech & Debate professor. He then returned West and worked as an assistant district attorney. Kelly is now is a private practitioner with a small law practice in New Mexico.

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